Water Quality: EPA Approves Class VI Primacy Application for West Virginia
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned
Reading Tea Leaves Regarding EPA’s PFAS Agenda Under Administrator Zeldin
One month into the tenure of new EPA administrator Lee Zeldin, EPA’s initiatives regarding PFAS remain unclear. A read of the tea leaves from Zeldin’s confirmation hearing and the Trump administration’s early actions suggest general support for existing PFAS regulations and funding initiatives. However, it is unclear how this will fit in with the
Court Dismisses Portions of Lawsuit Against California Climate Disclosure Laws
Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery.
By Joshua Bledsoe, Nikki Buffa, Betty M. Huber, and Matthew Green
On February 3, 2025, in Chamber of Commerce of the United States of America et al. v.
EPA Grants West Virginia Primacy for Class VI Wells
This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer Roy, and Samantha Yeager
On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West Virginia primary enforcement authority, or “primacy,” for
Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives
Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of Environmental Conservation’s (NYSDEC) regulations found at 6 NYCRR Part 375, PFOA and PFOS were in…until they were out. As to their inclusion
Agricultural Law Weekly Review—February 25, 2025
This Week—Fri. Feb. 28: Understanding the Basics of Pesticide Drift
Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline
On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting its previous stay of the Corporate Transparency Act’s (CTA) Beneficial Ownership Information (BOI) reporting
Shale Law Weekly Review—Week of February 24, 2025
Air Quality: The U.S. Supreme Court Denies Solicitor General’s Motions for Abeyance in Environmental Cases
On February 6, 2025, the United States Supreme Court ordered that two environmental cases against the EPA would not be granted abeyance (a pause or postponement), which was moved for the Acting Solicitor General. The Supreme Court denied abeyance in
Environmental Groups, Biofuel Trade Association Challenge Amendments to the California Low Carbon Fuel Standard
Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval.
By Joshua Bledsoe, Winston Stromberg, Brian McCall, and Samantha Yeager
Environmental groups and a biofuel trade association are challenging the California Air Resources Board’s (CARB’s) November 2024 amendments to the California
Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition
Background
Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand just what is “best available control technology” or “BACT” for the purposes of Texas air permitting.
Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation For At-Berth Tanker And Other Ships
On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as Administrative Procedure Act (“APA”) and generic “arbitrary and capricious” writ challenges – to the California Air Resources Board’s (“CARB”) August 2020 decision adopting the “Control Measure For Ocean-Going Vessels At Berth” (the “Regulation,” codified at 17 Cal. Code Regs. § 93130 et seq). Western States Petroleum Association v. California Air Resources Board (2025) 108 Cal.App.5th 938.